Publish Date : 04/04/2022

Aalo 03rd April:- Judgment NO. Vide BSR/POCSO Case No.13/21 U/Ss-376(2)(j)(3) of IPC R/w Sec. 5(m)(n)/6 of POCSO Act, 2012

          On 30th March 2022, Hon’ble Special Judge, POCSO Court, Basar has convicted accused Shri Pakbin @ Mabin @ Kyabin Sikom @ Batak, 22-23 years U/Ss-376(2)(j)(3) of IPC R/w Sec. 5(m)(n)/6 of POCSO Act, 2012 and sentenced him on 1st April’2022 to undergo rigorous imprisonment of 20 (twenty) years and to pay a fine of Rs.1500/- (Rupees fifteen hundred) only. In default, convict shall further be imprisoned for 03 (three) months.

          The fine amount imposed against the accused convict shall be paid to the minor victim through her parent(s)/guardian immediately after receipt of the same from the accused convict. Further, as per submission made by the Ld. Special Public Prosecutor Smty K. Angu, application submitted under Arunachal Pradesh Victim’s Compensation Scheme, 2011 through District Legal Services Authority, Daporijo, Upper Subansiri District, A.P has been forwarded to the concerned authority i.e., Arunachal Pradesh State Legal Services Authority, Itanagar for sanction and payment of compensation to the victim of sexual assault in this case and for her rehabilitation.

          The brief fact of background of the case is that on 08.09.2021 at 2325 hrs., mother of the victim had lodged a written FIR to the effect that in the evening hour of the same day at around 1700 hrs., her victim daughter *** [(victim’s identity is not be disclosed in media as per Sec. 23(2) of POCSO Act, 2012], (08-09) years old was forcefully raped by the accused convict at his residence at Sikarijo, Daporijo. On receipt of the FIR, the OC, PS, Daporijo registered the instant case vide Daporijo PS Case No.50/21 U/S 376(2)(j) IPC R/w Sec. 6 of POCSO Act, 2012 and investigation was launched. During investigation, it has been found that the accused and minor victim are not only neighbours of same locality but also relative to each other victim being daughter of brother in law of the accused convict.

          As per investigation, on the day of incident, minor victim was called telephonically by the accused convict to come to his residence at Sikarijo, Daporijo and on the arrival of victim along with her elder sister, accused convict asked her to stay in his residence while offering her to have roasted meat. Being relative, victim agreed to stay there in the accused convict’s residence. However, after her elder sister left, accused convict closed the door of his house and while covering/shutting victim’s mouth, started inserting his finger into the private part of minor victim. Thereafter, accused convict asked the victim to undress herself and he took her to the TV room of the house and laid her down while undressing himself. Thereafter, accused convict forcefully inserted his male organ into the private part of the minor victim thereby completing the commission of rape. Fortunately, elder sister of the minor victim had returned to the accused convict’s house and rescued her with the help of their two more elder sisters.

          After completion of investigation, however, the investigating officer had filed his charge sheet No.114/2021 dated 02.10.2021 against the accused-convict U/Ss-376(2)(j)/506 IPC R/w Sec. 6 of POCSO Act, 2012 which had been directly forwarded to the Special Court (POSCO), Basar by the i/c Superintendent of Police, Basar vide letter DRJ/CR-52/2021/548 dated 06.10.2021 for taking cognizance and trial.

          On the consideration of charge sheet filed, a prima facie case was found U/Ss-376(2)(j)(3) of IPC R/w Sec. 5(m)(n)/6 of POCSO Act, 2012. Accordingly, formal charge was framed against the accused vide order dated 30.03.2022 and substance of the charge was read over and explained to accused in the language he understand to which he pleaded guilty in the following words:

“Victim is known to me she being daughter of my brother in law who used to visit my residence occasionally. On the day of incident i.e., 08.09.2021 in the evening hours, I was having a beer and victim, her elder sister and few children of one Muslim man called Ali were also in my residence at Sikarijo. While having beer, I fell asleep and on my waking up, I found the victim alone in my residence and then I raped her sexually by inserting my penis into her vagina. However, neither had I threatened her nor did I rape her on earlier occasion. Immediately after I committed penetrative sexual assault against the victim, she left my residence for her parental residence just below my residence.

Actually, I was drunk in the evening of the incident due to which I could not feel guilty instantly of what I had done to the victim. However, in the next morning after effect/influence of intoxication of beer consumed has gone, I could feel the guilty in deep inside my conscience for raping a minor girl which is continuing till date. Hence I plead guilty voluntarily before this court today.”

Upon pleading guilty by the accused convict against the charge framed against him, Tage Halley, Special Judge, POCSO Court, Basar has convicted and sentenced him as aforementioned.